News

Development Property & Projects

18 November, 2024

The newly introduced Property Developers Act 2024 (ACT)

Introduction The recent introduction of the Property Developers Act 2024 (ACT) (the Act) will change the landscape of residential property development in the Australian Capital Territory. This article provides an overview of the most pertinent provisions and legislative effect. Commencement of the Act The Act has a staggered commencement. Provisions…

Victoria Caldwell

Commercial

14 November, 2024

A court order does not create a security interest

The case of Laurus Group Pty Ltd (admin apptd) v Mitsui & Co. (Australia) Limited (No. 2) VSC 412 Facts Mitsui and APT were parties to litigation. Mitsui made an application for security for costs against APT. The Court granted the application and ordered APT to pay $30,900 into Court…

Victoria Caldwell

Construction

14 November, 2024

The Ever Expanding Personal Duty Of Care Under The DBPA

Introduction Section 37 of the Design and Building Practitioners Act 2020 (NSW) (DBPA) imposes a statutory duty of care on those who carry out construction work in or related to a building to avoid economic loss to the owner or subsequent owner resulting from defects. Section 37 has not been…

Victoria Caldwell